A contemporary concept of monetary sovereignty / Claus Zimmermann.

Format:

Book

Author/Creator:

Zimmermann, Claus D.

Series:

Oxford monographs in international law.

Oxford monographs in international law

Oxford Monographs in International Law

Language:

English

Subjects (All):

International finance--Law and legislation.

International finance.

Monetary policy.

Physical Description:

1 online resource (1326 p.)

Edition:

First edition.

Place of Publication:

Oxford : Oxford University Press, 2014.

Language Note:

English

Summary:

Monetary sovereignty is a crucial legal concept dictating that states have sovereignty over their own monetary, financial, and fiscal affairs. However, it does not feature as part of any key instruments of international law, including the Articles of Agreement of the International Monetary Fund. Rather, it has remained a somewhat separate notion, developed under contemporary international law from an assertion of the former Permanent Court of International Justice in 1929. As aconsequence of globalization and increasing financial integration and a worldwide trend towards the creation of econom

Contents:

Cover; Title Page; Copyright Page; Dedication; General Editors' Preface; Foreword; Acknowledgements; Contents; Tables of Cases and Materials; List of Abbreviations; General Introduction; 1. A Revision of the Concept of Monetary Sovereignty; Introduction; I. Money and Monetary Sovereignty in International Law: Conceptual Foundations and Underlying Legal Theories; A. Ex post facto ius oritur: classical monetary sovereignty in context; B. The legal theories of money and their respective relevance today

II. The Conceptual Evolution of Monetary Sovereignty Under the Impact of Contemporary Constraints on its ExerciseA. Factual erosion of monetary sovereignty or conceptual evolution in light of the dual nature of sovereignty?; B. Contemporary monetary sovereignty as an essentially contested concept; III. Conceptual Implications for the Evaluation of the Exercise of Sovereign Powers in the Realm of Money; A. The normative components of contemporary monetary sovereignty as regulatory guidance and a legitimacy benchmark

B. Regulating an increasingly interdependent global economy: contemporary monetary sovereignty as cooperative sovereigntyConclusion; 2. The Increasing Hybridization of International Monetary Law; Introduction; I. The Diversification of the Legal Regime for International Current and Capital Transactions Across the Three Pillars of International Economic Law; A. The intersection of international trade, investments, and the related flows of capital and payments; B. The emergence of an overarching framework promoting the liberalization and protection of international transfers of funds

1. The OECD codes on capital liberalization and the economic pressure arising from the eurocurrency markets2. Transfer-of-funds provisions in bilateral investment treaties as an increasingly important material source of international monetary law; a. The varying scopes of transfer-of-funds provisions in bilateral investment treaties; b. Different standards of investor protection with respect to the type of currency and the applicable exchange rate; 3. The WTO framework for trade in services as an essential part of contemporary international monetary law

C. Balance-of-payments derogations: towards a coherent regime across international economic law?1. Institutional and procedural aspects of IMF-WTO interaction: the scope of the consultation requirement in GATT Article XV:2; 2. The legal value and role of the findings issued by the IMF upon consultation by the WTO under GATT Article XV:2; 3. Balance-of-payments derogations across international economic law and the IMF's imperfect lead role; II. The Evolving Normative Effects of IMF and World Bank Conditionality and the Impact of IMF Surveillance and Technical Assistance

A. The reshuffle of the conditionality of IMF and World Bank lending: past and current paradigm changes

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on print version record.

ISBN:

0-19-176068-4

0-19-150206-5

0-19-150205-7

OCLC:

863822815